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According to the SACL, which examined the mother’s complaint, in this case there was a situation that the SBGS officials in 2015 August 27 During the pursuit of a car in which a cigarette was smuggled, officials reported, a border guard fatally wounded a passenger in the pursued car, the applicant’s son, with a service firearm.
The Vilnius Regional Administrative Court, which had examined the case, rejected the complaint, finding that the plaintiff’s son had been involved in a crime, hidden in a car, which had a significant
The panel of judges of the Court of Appeal did not agree with the findings of the Court of First Instance. The SACL panel of judges, after assessing the violations caused by the bullets in the pursued car, decided that the weapon had been used recklessly.
“Such a sporadic shooting as in the present case does not correspond to what the public expects from a professional official,” the panel of judges said in the decision.
The SACL also found that the officer was shooting unknowingly and could not tell if there were passengers in the car because the windows of the car being pursued were tinted.
However, the panel of judges concluded from the official’s testimony that he knew that between 8 and 9 people were involved in cigarette smuggling, that is, he could have anticipated that there might be passengers in the car.
The appellate panel of judges also found that practical training had never been provided on how to stop a moving car when fired from a moving car, so it considered that “an official with inadequate practical experience had a high risk that the passenger was shot and he should have reasonably foreseen such danger. “
In examining the case, the appellate court panel of judges did not find the danger to other people or traffic safety to be as obvious and real as the SBGS representatives argued.
According to the court, the shooting was in the morning, before 6 pm, the only witness who saw the incident while he was in the backyard of his house. No other cars or pedestrians on the road were found to be directly threatened by the colliding car. In these circumstances, the appeals court concluded that the applicant’s son had died as a result of the use of force that was not indispensable for the legal arrest of the person under the Convention for the Protection of Human Rights and Fundamental Freedoms and that the mother was entitled to compensation.
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The SACL panel of judges also emphasized that at the time the plaintiff’s son was fatally wounded, the Law of the State Border Guard Service in force established that the use of firearms or special means against vehicles was prohibited. with passengers. The panel of judges stated that it did not consider that the legislator, when formulating this provision, took into account what the defendant intended to prove in the present case, namely that a firearm could be used against vehicles with passengers if the officer did not knows and cannot know that there are passengers.
Delphi announced that the pre-trial investigation into the death of the young man had already ended in 2017, and that the SBGS officer who fired the fatal shot was continuing his service in the Criminal Intelligence Division of the Varėna National Team. At that time, the court has sanctioned Giedrius Vilčinskas, a Lazdijai resident, whose shooting car was driven by a shot youth.
The court confirmed the prosecutor’s allegations that G. Vilčinskas had left the wounded young man in mortal danger and escaped from the car. He was assigned 13 thousand. 181 euros fine. As the man was detained for 73 days, his fine was reduced to 7.6 thousand. EUR. Both trafficked cars were impounded. Walkie-talkies and masks found in smugglers’ cars were also confiscated.
15,000 people were transported in a car chased by border guards. packages of smuggled Belarusian smokers. The value of such cargo in Lithuania with taxes is more than 42 thousand. These cigarettes were destroyed.
2015 In August, border guards noticed a Ford Mondeo car driving within the limits of the Druskininkai municipality near Nemunas, which runs the border with Belarus, deep in Lithuania. The SBGS criminal intelligence officers had information about the crime that was being prepared: the smuggling cargo had to be transported from Belarus to Lithuania via Nemunas.
“He (G. Vilčinskas) organized and set up the whole company. They brought everyone to the scene, handed over the walkie-talkies, controlled who would do what. Some stayed to watch, others were brought to the scene. Then he brought cigarettes and loaded them into a car, ”said Dainius Simonavičius, the prosecutor who oversaw the pre-trial investigation into the establishment of the criminal mechanism.
Radios were found in the machines and the defendants confirmed that they had been distributed for communication. G. Vilčinskas was driving a car accompanying the smuggling load.
G. Vilčinskas was driving a car accompanying the smuggled cargo.
On August 27, 2015, the driver was driving a Peugeot 607 car belonging to the border guards. Then, under the influence of the officials, he and other passengers threw a car and fled, leaving E. Balčiai of Alytus, wounded and then 18 years old, who died in hospital.
“The agents, the suspects were questioned in great detail and it was determined the moment when he (the driver) found out that the child had been shot. Learned driving on the highway. His accomplices offered to stop, said they shot him. However, he kept driving, he pulled off the road, he drove through the fields, around the forest and the officers chased him, ”said the prosecutor D. Simonavičius.
Other defendants involved in smuggling were also fined in this investigation. They are also fined.
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